Can Lawyers/Constitutionalists Help me Understand the Kennedy to Kavanaugh Shift?

[ProgRocknProgPol]

From what I can tell, Kennedy was as much of a right-wing ideologue as Kavanaugh and the rest of the other right wingers on the court now except on certain social matters (abortion, gay marriage, etc.). Is my understanding correct? If so, then will repealing the relevant rulings related to these social issues (i.e. Roe, Obergefell, etc.) actually help the GOP gain or secure power/influence in any way? If not, then will the GOP actually risk an even greater backlash to their agenda that might cause them to lose legislative power?

As for letting Spanky get away with everything, will any of the other justices besides Thomas join him? The only reason I am asking all of these questions is because if the answers to all my questions except the first one on this post are no, then this feels more like a lateral shift of the court than anything else, and we should hopefully not have to worry about Mueller being hamstrung (I'll save that for if and when Rosenstein gets fired).

[Slammer]

1. It's tough to tell.

Year in, year out, I don't really think you'll be able to tell much difference at all between Kennedy and Kavanaugh.

Kavanaugh was pretty clear earlier in his career that he didn't think a sitting president could be prosecuted for crimes while he remained president. But he did say that Congress really should legislate to that effect so that it was clearly defined in law (and that a president should be impeached in that situation so a prosecution could move forward).

From my reading of the political tea leaves, most Republican leaders would prefer for abortion to stay legal and for gay marriage to remain an issue. They raise a hell of a lot of money off of those issues and use them consistently during get-out-the-vote efforts. And you'll note that even when they control both the House and Senate and the presidency, the Republican leadership don't exactly rush to completely outlaw all those social things they rail against at election time.

Not sure where that thought places Kavanaugh but he's come across more like "Republican leadership" than as a "crusading social issues firebrand".

[Honeycombe8]

5. Nonsense. What we saw at the hearing was the real Kavanaugh. That's WHY he was selected.

Because he is a Trumper and a tool and has no close ties to the truth, honor, or oaths of office. Just like Trump. He also has used and abused other people in his past, just like Trump. He IS far right wing. He is alt-right. Conspiracy theories. The President should have all-encompassing power (an anti-democratic authoritarian view).

This does not keep the status quo. Kennedy was a regular conservative. Not far right wing, but certainly no rogue or maverick. Kavanaugh isn't that. Kavanaugh is a political operative tool for the alt-right. A conspiracy theorist, like Trump.

I do not think Trump will ever select a woman for the S.Ct., though. IF he gets the chance for another nomination. Because he doesn't like women to be in positions of power. He might put one as a manager working for some man, but never THE boss, on an equal footing with a man. He also doesn't trust women. He also would have trouble finding one who as far alt-right as he'd want.

[k2qb3]

3. I think there's one major difference.

He might be a little more conservative than Kennedy on social issues and abortion but he's MUCH more conservative on guns, and the court will be radically different on that issue with him on it.

I suspect Feinstein being involved in this story to the extent she was, was a mistake in one way or another. Either in how things were handled or how they were perceived.

[Honeycombe8]

7. Are you talking about Sen Kennedy of Louisiana? He is FAR RIGHT WING TRUMP-LOYALIST.

I should know. He's MY senator.

Geez...what are you guys talking about? Do you know these people at all? Kavanaugh? Sen Kennedy?

[bluestarone]

12. I truly feel your pain

Man do i HATE that fucker to no end!!!!!!!!!!!!!!!!

[Honeycombe8]

13. I don't know how he got on the Judiciary Committee. He's a new Senator.

He's a Trumper, so I guess that's how. He has plans to run for Governor, so it's important for him to have his face in the news. So maybe that's why.

The Republicans are good at this pulling together and planning ahead thing. We have a Dem. Gov. I'm sure the GOP wants a Repub Gv in La. again, so they are working to give Sen. Kennedy some national recognition.

[Honeycombe8]

4. Not sure what you mean about Sen. Kennedy. He is a Trumper.

He is anti-abortion, with "not totally loco in the head" exceptions.

Yes, Kavanaugh is added to the far-right wacko wing of the S.Ct., along with Clarence Thomas (a co-former sex offender), Alito, and Gorsuch. Additionally, Kavanaugh has likely pledged personal loyalty to Trump. Trump demands that, as we know. So, two Trump loyalists: Gorsuch, Kavanaugh.

This puts 4 wacko rightwingnut Justices on the S.Ct., with one normal one (Chief Justice Roberts), and the 4 Dems.

This will change America's future permanently, away from a democracy by the people and for the people, toward a right wing wet dream. Impartiality will go out the window.

This appt cannot be understated. In addn to being a tool, we have seen that he is unethical and lies under oath. So he has no personal honor or feel any particular duty or loyalty to the truth.

I'll be delighted if I am wrong. But look at who Trump has selected for various posts in the past. He is focused on one thing: Will they be loyal to me, above all else? Will they work for what I want, regardless of other considerations? Will they not recuse themselves?

[Honeycombe8]

8. Your wet dream won't happen. Keep your eye on the ball: Kavanaugh.

Kavanaugh is an alt-right Trumper. This is the issue. Not some pie-in-the-sky thing you're drooling over. That's not going to happen.

There is going to be an attempt to remove Kavanaugh. The ABA is taking steps, as are others. I don't know if it'll do any good. But no, it's not over.

[ProgRocknProgPol]

9. I'm talking about the former Justice Anthony Kennedy

[Honeycombe8]

10. Oh, yeah...you might want to distinguish. Sen. Kennedy has been front & center hawking Kavanaugh.

He's on the Judiciary Committee and made the talk show rounds giving the GOP talking points, like a good foot soldier.

No...Kavanaugh is light years to the right of Justice Kennedy. That's why Trump nominated him. Read up on Kavanaugh. He believes in extreme Presidential privilege and authority. Just what Trump wants.

He is also not tied to honor, ethics, or truth.

No, he's not like Justice Kennedy at all. He makes the Court full-stop alt-rightwingnut.